waters of Wilson's creek; thence down said creek to its junction with the Rolling fork; thence down the same to Salt river, and down that to the beginning." To take effect from and after the first day of January, 1797.

Next, Logan county was divided, and a new county created, from and after the first day of March, 1797, to be called CHRISTIAN: "beginning on Green river, eight miles below Muddy river; thence a straight line to one mile west of Benjamin Hardin's; thence a straight line to Tennessee state line, where it crosses the Elk fork; thence along the said line to the Mississippi; thence up the same to the mouth of the Ohio; and up the same to the mouth of Green river; thence up the same to the beginning."

MONTGOMERY was a third county erected at this session, and to have effect from and after the 1st day of March, 1797: "beginning on the Bourbon line, at a red oak tree, marked C. L. on the side of the road leading from Mount Sterling to Paris; thence a straight line to strike the dividing ridge between Hinkston's and Stoner's waters, where the road leading from Winchester to Mount Sterling, crosses said ridge; thence the same course continued, crossing Red river, until it strikes the Kentucky river;" and including all that part of Clark county, which lies to the north and east of the above boundary, in the said county of Montgomery.

BRACKEN County was also created at this session: it was composed of such parts of Mason and Campbell, as were included within bounds "beginning on the Ohio river, one and a half miles below the mouth of Lee's creek; from thence a direct line to the north fork of Licking, such a course as will intersect the end of a line drawn nine miles due west from Mason court house; thence a direct line to the mouth of Beaver creek, on Licking; thence down Licking to a point half-way between the confluence of the north and south forks thereof; thence a direct line to the mouth of Big Stepstone, on the Ohio river; thence up the same to the beginning:" to have effect from and after the first day of June, 1797.

The register was placed on the civil list, and allowed a yearly salary of two hundred pounds.

Logan county was again divided, whence sprang WARREN; to have effect from and after the 1st of March, 1797: "beginning at the mouth of Little Muddy creek; thence a direct line to the old Buffalo ford, about one mile above James Hall's, on Gasper river; thence a direct line to Colonel Dugan's, so as to include him in the proposed county; thence a line to strike the Tennessee line, so as to include a settlement known by "the Georgia settlement" in the said county of Logan; thence with the Tennessee line to the Cumberland river, and up Cumberland to the Green line, and with the Green line to Green river, and down Green river to the beginning."

A sixth county was made, by the name of GARRARD: to take effect from and after the 1st day of June, 1797; "beginning at the confluence of Dick's river, with the Kentucky river; thence up Dick's river, with its several meanders, to the mouth of White Oak creek; from thence a direct course to the tan-yard where the road leading from the mouth of Hickman to the Crab Orchard crosses Gilbert's creek; thence continuing the same course to the Madison county line; thence with said line to Harmon's lick; thence to the White lick, and down the White Lick fork to Paint Lick creek; and down the said Paint Lick creek to the Kentucky river; thence down said river to the beginning."

This general assembly, probably under the influence of the governor's recommendation, seems to have become the revisere of former acts; which they sometimes duplicated, and sometimes reduced into one: whether they were cleared of their complexity, and ambiguity, may well be doubted.

The titles of some of these reducing acts, will be recited: 1st. "An act to reduce into one, the several acts for esta blishing county courts, and regulating proceedings therein, and concerning the appointment of justices of the peace, and their jurisdiction." And in fact, a new law was made, contain ing twelve sections, occupying five large octavo pages, which,

without repealing, by construction, superseded all former laws on the subjects coming within its provisions.

2d. "An act to amend an act entitled 'An act to establish an inspection of flour and hemp."" Neither had this any repealing clause. This had only five sections.

3d. "An act to reduce into one the several acts and parts of acts concerning limitations of actions." This had nine sections; but no repealing clause.

4th. "A collection of the acts or parts of acts of the Virginia assembly concerning the titles to lands in this commonwealth." This, though not in the usual style of enactment, was an act; and received, like other acts, the approbation of the governor. This extended to many pages, and with some prelections by the editor of the laws, together with those passed by Kentucky, as amendments, not less than eighty.

5th. "An act to reduce into one the several acts concerning the examination and trial of criminals, grand and petit juries, veniries, and for other purposes." This act has sixty-two sections, a repealing clause, and something over twelve pages: yet its subjects are ill digested.

6th. "An act to amend an act entitled 'An act to establish district courts in this commonwealth."" This act has twentyfive sections, five pages, and a repealing clause.

7th. "An act to reduce into one the several acts for preventing vexatious suits, and regulating proceedings in civil cases.” Thirteen pages, and forty-five sections, sufficed for the subjects of this act. No repeal of former laws.

8th. "An act to reduce into one the several acts establishing courts of quarter sessions, and directing the proceedings there in." Only five or six pages, and seventeen sections, without a repealing clause, comprehended the contents of the act with the foregoing title.

9th. "An act to reduce into one the several acts directing the rules and proceedings in the courts of chancery." About eight pages, and thirty-nine sections, without a repealing clause, contain the matter of this act.

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10th. "An act to reduce into one the several acts and parts of acts, concerning executions, and for the relief of insolvent debtors." Nineteen pages, and thirty-eight sections, no repeal of former laws, furnish room for, and denote the distribution of, the contents of the foregoing act.

These may suffice, for specimens of legislation at this session, in relation to public acts. These, however, were not exempt from the fate common to all preceding laws, of being amended; that is, altered, and changed. It is possible that some of the acts whose titles have been recited, were furnished by the public revisers: not the more perfect on that account.

Among the various other acts, passed at this session, which will not be noticed, there is one, which although it has been made the subject of remark, will still elicit further observation: and the more especially, as it carries the practice of abolishing courts, and of removing judges, by act of the legislature, to an extreme which completely overturns, and renders nugatory, those parts of the constitution, which were intended to secure to the judiciary department a reasonable share of independence of the legislature: such as, that "the judges shall hold their offices during good behaviour;" and although impeachable, or removable upon an address to the governor, yet requiring that two-thirds of the senate must concur to effect a removal in the first case; and the same proportion of both houses, to sanction an address, in that mode of procedure.— Besides, that the eternal principles of justice, require, that one accused, although a judge, should have an opportunity of hear ing the allegation, and of defending himself, before he is condemned. Again-it is asserted, that a judge receiving a commission under the constitution, to be held during good behaviour, has a legal right vested in him, upon that condition; which is held to be as clear an inference of constitutional law, as that he has a right to decide the cases brought before him. These considerations notwithstanding, the legislature of this session (others having previously attacked and destroyed the inferior courts, and thus displaced the judges) passed "An act establishing the court of

appeals." Having the character of an original law; whereby the court of appeals then in existence, had it operated, must have been superseded, or duplicated. The governor, however, as it seems, approved the law, but neglected to execute it;so that it had no effect, but to demonstrate the lust of law making. The fact of the passage of the act, &c. stands on record: the precedent is complete, as to its passage: motives are not known, nor need they be asked for-because they may be concealed, feigned, or disguised. These precedents have since been variously repeated, and once at least, in order to get rid of a judge, or judges; hereafter to be seen.

Another act of great importance to society, and especially in the administration of justice, was one, entitled, "An act to reduce into one the several acts or parts of acts concerning sheriffs." This act has thirty-four sections, no repealing clause, and covers between twelve and thirteen pages--importing by its title, and so understood among the people to include every thing appertaining to the rights, disabilities, and duties of those officers. Upon this construction, however, some important provisions, contained in former laws, both as to principal, and deputy sheriffs, calculated to guard the people against malepractices, were left out of this revising, and reducing act. Such as for example, that the principal, should not farm, let, or sell, his office-that a deputy, should not act as such, for more than two years in succession, &c.

Several laws were to improve the administration of justice, such at least, is supposed to be their object-such as, for instance, "An act directing the method, of proceeding in courts of equity against absent debtors, or other absent defendants, and for settling the proceedings on attachments against absconding debtors;" "An act for the relief of creditors against fraudulent devises;" and "An act directing the mode of suing out and prosecuting writs of habeas corpus:" besides others, referred to in a previous part of this history. It remains to mention. some which interfered with private rights; and were wholly exparte. Such as "An act authorizing Harry Innis to convey certain lands;" "An act to vest the estate of Joseph Barnett